Item - 2020.TE16.9

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal (the "LPAT") respecting the Zoning By-law Amendment Application appeal at 1071 King Street West in support of the revised proposal, as described in the report (June 18, 2020) from the Director, Community Planning, Toronto and East York District, and also as appended in Attachments 5 to 9, with the following revisions to the Draft Zoning By-law amendments in Attachments 8 and 9 to the report (June 18, 2020) from the Director, Community Planning, Toronto and East York District:

a. Reduce the required resident parking ratio from a minimum of 0.19 spaces per unit to a minimum of 0.14 spaces per unit in Attachments 8 and 9; and,

b. Increase the maximum permitted height of the roof of the building as shown on Map 2, and Schedule 6 of Attachments 8 and 9, respectively, from 47.5 metres to 48 metres.

2. In the event that the Local Planning Appeal Tribunal (LPAT) allows the appeal, in whole or in part, City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal (LPAT) withhold its Order(s) on the Zoning By-law Amendments until such time as the Local Planning Appeal Tribunal (LPAT) has been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. all site access matters have been addressed to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services;

c. the owner has submitted a revised Functional Servicing Report, including confirmation of water, sanitary and storm water capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development;

e. the proposed rail safety measures detailed in the Rail Safety Report are satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the City’s Peer Reviewer and Metrolinx; and,

f. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject property to the satisfaction of the City Solicitor, securing the community benefits and matters of legal convenience outlined in Recommendation 3 below.

3. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. The owner shall make a financial contribution of $800,000.00 prior to the issuance of the first above-grade building permit for the site, to be allocated towards the provision of affordable housing in the community in the vicinity of the subject site;

ii. The payment identified in Recommendation 3(a)(i) shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date of payment;

iii. In the event the financial contribution referred to in Recommendation 3.(a)(i) has not been used for the intended purpose set out above within five (5) years of the Zoning By-law Amendments coming into full force and effect, the financial contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the site; and,

iv. The owner agrees to design and construct the cycling and pedestrian path extension on the south side of the subject site as shown on Attachment 5 – Site Plan, at a value of $500,000.00, to be secured through a Site Plan Control Application, all to the satisfaction of the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor.

b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. The owner will convey to the City, for nominal consideration, a public easement over the cycling and pedestrian path extension referred to in Recommendation 3.(a)(iv), at such time as the cycling and pedestrian path is needed by the City  to be incorporated into the West Toronto Rail Path network, to provide public access for use by the general public, with no time of access limitations, which easements shall include provisions for rights of support, maintenance, insurance, and indemnification of the City by the owner, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Ward Councillor;

ii. The owner shall provide residential units on the site in accordance with the following: a minimum of 20 percent of the residential units will be provided as two-bedroom units, and a minimum of 10 percent of the residential units will be three-bedroom units;

iii. The owner shall maintain all dwelling units within the development as rental dwelling units for a minimum of twenty-five (25) years;

iv. Prior to the commencement of any shoring and/or excavation work on the subject site, the owner shall submit, and thereafter implement, a construction management plan to address such matters as noise, dust, street closures, parking and laneway uses and access; such plan shall be to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

v. Prior to the issuance of an above-grade building permit for the subject site, the owner shall submit a wind study, including a wind tunnel analysis, to the satisfaction of the Chief Planner and Executive Director, City Planning, and design, construct and maintain any measures that may be required to mitigate the negative impact of any wind conditions identified in the wind study, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. Prior to the issuance of Final Site Plan Approval for the Site Plan Control application, the owner shall incorporate all mitigation measures from the Rail Safety Report referenced in Recommendation 2.e. into the drawings submitted for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, and prior to Site Plan Approval, the owner shall construct all mitigation measures and maintain them at its sole cost and expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

vii. The owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site Functional Servicing Report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development.

4. City Council accept, should the Local Planning Appeal Tribunal (LPAT) approve the proposed Zoning By-law Amendments, an on-site parkland dedication that is a minimum of 230 square metres in area pursuant to section 42 of the Planning Act and Chapter 415, Article III, of the Toronto Municipal Code (the “Statutory Parkland”), in the general location identified on Attachment 5 – Site Plan as "Parkland", to be dedicated to the City, at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR), in addition to the following below:

a. City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of Above Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR); the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation (PFR), and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time; and

b. the owner shall convey the Statutory Parkland to the City prior to the earlier of any occupancy (commercial or residential) and 1 year after the first above-grade building permit is issued, to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR).

On August 4, 2011, an application to amend the Zoning By-law to permit the construction of a 14-storey mixed-use building was submitted for the site at 1071 King Street West. On October 2, 2017, the application was appealed to the Local Planning Appeal Tribunal.  On February 12, 2020, City Planning received plans for a modified version of a 14-storey mixed-use building on the site. City Planning is supportive of these revised plans.

The revised application: has been designed to fit with the existing and planned context; provides appropriately scaled and sited ground floor uses; includes a range of rental apartment units; and limits the amount of private vehicle parking provided on site. The proposal advances the City’s public space expansion and connection initiatives by including a new public park and securing a future connection to the West Toronto Rail Path along the south side of the site. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

This report seeks authorization to appear at the Local Planning Appeal Tribunal in support of the revised application.

This report provides supplementary information to the report “1071 King Street West - Zoning By-law Amendment Application - Request for Direction Report”, from the Director, Community Planning, Toronto and East York District, dated June 18, 2020, being considered by Toronto and East York Community Council on July 16, 2020 as Item TE16.9.  This report discusses and recommends two changes proposed to the development at 1071 King Street West: to reduce the number of required resident vehicle spaces; and to increase the overall height of the building by 0.5 metres.